ISMAIL E.R. Vs. STATE

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973 Code.

(2.) The petitioner herein is arrayed as the accused in Crime No. 1463 of 2017 of Thrissur Town East Police Station, registered under Sections 419, 420 and 170 r/w. Section 34 of the IPC.

(3.) The informant, Sri. Johny, S/o. Kuruvath, was the owner of property having an extent of about 33 cents. He had worked abroad for a considerable period of time and incurred huge debts in connection with the construction of a house. To wipe off the debts, he decided to sell his property and placed advertisements in the visual and print media. Seeing the advertisement, the 1st accused approached the informant and he was accompanied by the 3rd accused, who was an immediate neighbour of the informant. The 1st accused introduced himself as Sajan Joseph and offered to purchase the property for a total consideration of Rs. 2.5 Crores. However, the informant was told that he should bear the expenses for registration and stamp duty. Blindly believing the words of the 1st accused, the informant handed over a sum of Rs. 4.35 lakhs. He was asked to come to the Collectorate on 12.12.2017 with the balance amount. As suggested, the informant and his wife went to the Collectorate and met the 1st accused and one Sainudheen. A sum of Rs. 20 lakhs was handed over to the 1st accused and he immediately went inside the Collectorate. While Sainudheen was standing along with the informant and his wife, a police man in uniform, who is alleged to be the petitioner herein, came in a car and took Sainudheen in custody. Immediately, the complainant received a telephone call from the 1st accused and he was told to remove himself as his companion was arrested by the enforcement officers. The informant was assured that Demand Draft for a sum of Rs. 2.5 Crores would be handed over without delay. When the said assurance was violated, he approached the police and got the Crime registered. It appears that after the registration of the Crime, it was revealed that the 1st accused had been masquerading as Sajan Joseph and his actual name is Simon Devassia. Investigation also revealed that the petitioner herein had actively aided the 1st accused to commit the offence.